Inspection of buildings by officials -- Review of residential inspections.

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  • (1) As used in this section, "International Fire Code" means the edition of the International Fire Code adopted by the Legislature with the amendments and additions in the State Fire Code.
  • (2) A fire chief or officer may enter a building or premises not used as a private dwelling at any reasonable hour to inspect the building or premises and enforce the rules made under this part and the state fire code.
  • (3) The owner, lessee, manager, or operator of a building or premises not used as a private dwelling shall permit inspections under this section.
  • (4)
    • (a) Subject to Subsection (4)(b), a county, city, or town shall, by ordinance, provide for review of an inspection conducted by the county's, city's, or town's fire chief or officer for a single-family residence within 30 days of the notice of the fire code compliance inspection.
    • (b) Upon request by a person who owns or is building a single-family residence, a chief executive officer of the county, city, or town in which is located the single-family residence, or the chief executive officer's designee, shall, with reasonable diligence, review an inspection described in Subsection (4)(a) to determine whether the inspection constitutes a fair administration of the State Fire Code.
    • (c) A review described in this section:
      • (i) is separate and unrelated to an appeal under the International Fire Code;
      • (ii) may not be used to review a matter that may be brought by appeal under the International Fire Code;
      • (iii) may not result in the waiver or modification of a State Fire Code requirement or standard; and
      • (iv) does not prohibit a person from bringing an appeal under the International Fire Code.
    • (d) A person who seeks a review described in this Subsection (4) may not be prohibited by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under the International Fire Code on the grounds that the person raised the issue or brought the claim in the review described in this section.




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